Are You a Good State or Bad State? A Discussion of Comparative Fault Principles


While politicians may be more interested in whether a state is a Blue State or Red State, subrogation professionals want to know if a state is what we refer to as a “Good State or Bad State” based on its comparative fault laws. Are you a Bad State where a certain level of fault of your insured will entirely bar your subrogation claim? Or are you a Good State where your subrogation claim is simply reduced by the portion of your insured’s comparative fault, but is not barred. In this podcast, Cozen O’Connor subrogation attorneys Joe Rich, David Brisco, and Jake Skaggs discuss the differences between the comparative fault rules in the Good States and Bad States, as well as those states in between these extremes.

About The Authors

Joseph (Joe) F. Rich is a member of the firm, where he practices in the firm's Subrogation & Recovery Department. Joe concentrates his practice in the areas of subrogation and recovery, insurance litigation and civil litigation arising out of a wide variety of property damage events, such as fires, mechanical system failures, sprinkler system failures, building collapses, product failures and defects, and roofing failures and deficiencies. He is admitted to practice in the District of Columbia, Florida, New Jersey, and Pennsylvania. In addition, Joe is member of the bar of the United States District Court for the District of Puerto Rico and he has experience litigating subrogation and recovery matters for clients in the District of Puerto Rico.

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